IN THE COURT OF COMMON PLEAS
Division
COUNTY, OHIO
:
Plaintiff / : / Case No.
:
Street Address / :
: / Judge
City, State and Zip Code / :
:
vs. / : / Magistrate
:
:
Defendant / :
:
Street Address / :
:
City, State and Zip Code / :
FINAL JUDGMENT FOR DIVORCE WITH CHILDREN
This matter came on for final hearing on / before Judge Magistrate
upon the Plaintiff’s Complaint for Divorce with Children filed on
and/or Defendant’s Counterclaim filed on
and upon the following: / .
FINDINGS
Upon a review of the record, testimony, and evidence presented, the Court makes the following findings:
A. / Check all that apply:
The Defendant was properly served with summons, copy of the Complaint, and noticeof the hearing.
The Defendant’s waiver of service of summons and Complaint have been filed in this case.
The Defendant filed an Answer.
The Defendant failed to file an Answeror plead, despite being properly served with summons,
copy of the Complaint, and notice of the hearing.
The Plaintiff replied to the Defendant’s Counterclaim.
The Plaintiff failed to reply to the Defendant’s Counterclaim.
B. / Present at the hearing were the: Plaintiff, Defendant,
______/ appearing as counsel for the Plaintiff.
______/ appearing as counsel for the Defendant.
C. / The Plaintiff and/or Defendant was/were a resident(s) of the State of Ohio for at least six
months immediately before the Complaint and/or Counterclaim was/were filed.
D. / At the time the Complaint and/or Counterclaim was/were filed:
The Plaintiff was a resident of this county for at least 90 days.
The Defendant was a resident of this county.
Other grounds for venue were:
E. / The Plaintiff and Defendant were married to one another on / (date of marriage)
in / (city or county, and state). The termination of
marriage is the date of final hearing or as specified:
F. / Check all that apply regarding child(ren):
There is/are no child(ren) expected from this marriage or relationship.
There is/are child(ren) expected from this marriage or relationship and the approximate due date is:______.
There is/are no child(ren) from this marriage or relationship.
The parties are parents of ______(number) child(ren) from the marriage or relationship. Of the child(ren), ______(number) is/are emancipated adult(s) and not under any disability. The following ______(number) child(ren) is/are minor child(ren) and/or mentally or physically disabled and incapable of supporting or maintaining themselves (name and date of birth of each child):
Name of Child / Date of Birth
Plaintiff is not the parent of the following child(ren) who was/were born during the marriage (name and
date of birth of each child):
Defendant is not the parent of the following child(ren) who was/were born during the marriage (name
and date of birth of each child):
G. / The following child(ren) from the marriage or relationship are subject to a custody or parenting
order in a different Court proceeding (name of each child and the Court that has issued the custody
or parenting order):
H. / Select one:
Neither the Plaintiff nor Defendant is in the military service of the United States.
The Plaintiff and/or Defendant is in the military service of the United States and
the service did not impact the ability to defend this action.
I. / The Plaintiff and/or Defendant through testimony have indicated full and complete
disclosure to the other of all marital property, separate property, and any other assets, debts,
income, or expenses.
The Defendant has not filed a response or made an appearance.
The Plaintiff has not filed a response or made an appearance.
J. / The parties that appeared have no knowledge of any other property and debts of any kind
in which either party has an interest.
K. / The parties that appeared have had the opportunity to value and verify all marital property,
separate property, and other debts.
L. / This Court has jurisdiction and proper venue to determine all of the issues raised by the
pleadings and motions.
M. / Select one:
A Magistrate’s Decision was filed on:
No objections were filed. The Court approves the terms contained in the Decision and finds the
terms are fair and equitable.
All objections were ruled upon by a separate entry.
The parties have presented the Court with a written Separation Agreement or have read
into the record a settlement of all issues, which the Court finds to be a fair and equitable division
of property and debtsand an appropriate resolution of all issues, knowingly and voluntarily
entered into by the parties.
The Court has made a fair and equitable division of property and debts and an appropriate
resolution of all issues of the parties after review and consideration of all evidence presented.
Other:
N. / The divorce is granted on the following ground(s) (check all that apply):
The Plaintiff and Defendant are incompatible.
The Plaintiff and Defendant have lived separate and apart without cohabitation and without
interruption for one year.
The Defendant or Plaintiff had a Spouse living at the time of the marriage.
The Defendant or Plaintiff has been willfully absent for one year.
The Defendant or Plaintiff is guilty of adultery.
The Defendant or Plaintiff is guilty of extreme cruelty.
The Defendant or Plaintiff is guilty of fraudulent contract.
The Defendant or Plaintiff is guilty of gross neglect of duty.
The Defendant or Plaintiff is guilty of habitual drunkenness.
The Defendant or Plaintiff was imprisoned in a state or federal correctional institution at the
time the Complaint was filed.
The Defendant or Plaintiff procured a divorce outside this state by virtue of which she or he
has been released from the obligations of the marriage, while those obligations remain binding
on the Plaintiff or Defendant.
JUDGMENT
Based upon the findings set out above, it is, therefore, ORDERED, ADJUDGED, and DECREED that:
FIRST: DIVORCE GRANTED
A divorce is granted, and both parties shall be released from the obligations of their marriage except for
those obligations listed below or as set out in the attached Separation Agreement
Shared Parenting Plan Parenting Plan Magistrate’s Decision and/or
Other:
which is incorporated in this entry.
Second: PROPERTY
The parties’ property shall be divided as follows:
A. / The Plaintiff shall have the following items of real estate and personal property, free and clear
from all claims of the Defendant, subject to any indebtedness which the Plaintiff shall pay and from
which the Plaintiff shall hold the Defendant harmless:
B. / The Defendant shall have the following items of real estate and personal property, free and
clear from all claims of the Plaintiff, subject to any indebtedness which the Defendant shall pay
and from which the Defendant shall hold the Plaintiff harmless:
C. / The Plaintiff is awarded the following separate property:
D. / The Defendant is awarded the following separate property:
E. / Other orders regarding property (specify):
F. / Within 30 days the parties will take all necessary steps to transfer legal title and possession of
property and take appropriate actions to implement and effectuate the division of pensions and
retirements.
G. / Other orders regarding transfers:
THIRD: DEBT
The Plaintiff and Defendant’s debts shall be divided as follows.
A. / The Plaintiff shall pay the following debts and shall hold the Defendant harmless from all claims:
B. / The Defendant shall pay the following debts and shall hold the Plaintiff harmless from all claims:
C. / Bankruptcy (select one):
The Court will retain jurisdiction to enforce payment of debt obligations, in the event a party files
bankruptcy, including, but not limited to, the ability to determine the debt assigned is in thenature
of maintenance, necessity or support and is therefore nondischargeable in bankruptcy, and/or
making a future spousal support order, regardless of the spousal support order set forth below
under FOURTH: SPOUSAL SUPPORT.
Nothing in this order shall prevent the Plaintiff and/or Defendant from being fully
discharged from the debts allocated in this order in a bankruptcy proceeding except for any orders
expressly for spousal support and the following debts:
Neither party shall incur liabilities against the other party in the future.
FOURTH: Spousal support
A. / Spousal Support Not Awarded
Neither the Plaintiff nor Defendant shall pay spousal support to the other. The Court shall not
retain jurisdiction, except as set forth above under THIRD: DEBTS.
B. / Spousal Support Awarded
The Plaintiff Defendant shall pay spousal support to the Plaintiff Defendant
in the amount of / $ / per month plus 2% processing charge
commencing on / and due on the / day of the month.
This spousal support shall continue indefinitely for a period of
The Court shall not retain jurisdiction to modify spousal support.
The Court shall retain jurisdiction to modify the amount duration of the spousal support
order.
C. / Termination of Spousal Support
This spousal support shall terminate sooner than the above stated date upon the Plaintiff’s or the
Defendant’s death or in the event of the following (check all that apply):
The cohabitation of the person receiving support in a relationship comparable to marriage.
The remarriage of the person receiving support.
Other (specify):
D. / Method of Payment of Spousal Support:
The spousal support payment, plus 2% processing charge, shall be made to the Ohio Child
Support Payment Central, P. O. Box 182372, Columbus, Ohio 43218-2372, as administered
through the / County Child Support Enforcement Agency by income
withholding at the party’s place of employment.
E. / Deductibility of Spousal Support for All Tax Purposes (select one):
The spousal support paid shall be deducted from income of the person paying the support and
included by the person receiving the support.
The spousal support paid shall be included in income of the person paying the support.
F. / Other orders regarding spousal support (specify):
G. / Arrearage
Any temporary spousal support arrearage will survive this judgment entry.
Any temporary spousal support arrearage will not survive this judgment entry.
Other:
FIFTH: NAME
is restored to
the prior name of:
SIXTH: Allocation of parental rights and responsibilities
A. / Parental rights and responsibilities shall be allocated as follows:
Plaintiff shall be the residential parent and legal custodian of the following minor child(ren):
Defendant shall be the residential parent and legal custodian of the following minor child(ren):
Plaintiff Defendant shall have parenting time with the minor child(ren) who is/are not residing
with him/her according to the attached schedule.
The parents have entered into a Shared Parenting Plan or Parenting Plan which has been filed
with the Court and is adopted by the Court.
B. / Relocation Notice
Pursuant to section 3109.051(G) of the Revised Code:
If the residential parent intends to move to a residence other than the residence specified in the
court order, the parent shall file a notice of intent to relocate with this Court. Except as provided
in divisions (G)(2), (3), and (4) of section 3109.051 of the Revised Code, the Court shall send a
copy of the notice to the parent who is not the residential parent. Upon receipt of the notice, the
Court, on its own motion or the motion of the parent who is not the residential parent, may
schedule a hearing with notice to both parents to determine whether it is in the best interests of
the child(ren) to revise the parenting time schedule for the child(ren).
The obligation under this notice applies to both parents in a Shared Parenting Plan.
The non-residential parent shall inform the Court and other parent in writing of changes in
address and telephone, including cellular telephone number, unless otherwise provided by court
order.
The residential parent shall inform the Court and other parent in writing of changes in
address and telephone, including cellular telephone number, unless otherwise provided by court
order.
The relocation notice must be filed with the Court that granted the divorce and allocated
parental rights and responsibilities (print name and address of Court):
Other orders:
C. / Records Access Notice
Pursuant to sections 3109.051(H) and 3319.321(B)(5)(a) of the Revised Code:
Subject to sections 3125.16 and 3319.321(F) of the Revised Code, the parent who is not the
residential parent is entitled to access to any record that is related to the child(ren), and to
which the residential parent is legally provided access under the same terms and conditions as
the residential parent. Any keeper of a record who knowingly fails to comply with any record
access order is in contempt of court.
Restrictions or limitations:
None
Restrictions or limitations to non-residential parents regarding records access are as follows:
D. / Day Care Access Notice
Pursuant to section 3109.051(I) of the Revised Code:
In accordance with section 5104.11 of the Revised Code, the parent who is not the residential
parent is entitled to access to any day care center that is or will be attended by the child(ren)
with whom parenting time is granted, to the same extent that the residential parent is granted
access to the center.
Restrictions or limitations:
None
Restrictions or limitations to non-residential parents regarding day care access are as follows:
E. / School Activities Access Notice
Pursuant to section 3109.051(J) of the Revised Code:
Subject to section 3319.321(F), the parent who is not the residential parent is entitled to access
to any student activity that is related to the child(ren) and to which the residential parent is
legally provided access, under the same terms and conditions as the residential parent. Any
school employee or official who knowingly fails to comply with this school activities access
order is in contempt of court.
Restrictions or limitations:
None
Restrictions or limitations to non-residential parents regarding school activities access are
as follows:
SEVENTH: HEALTH INSURANCE COVERAGE
As required by law, the parties have completed a Child Support Worksheet, which is attached to
and incorporated in this Agreement.
Select one:
A. / Health Insurance Coverage Available to at Least One Parent
1. / Private health insurance coverage is accessible and reasonable in cost through a group policy,
contract, or plan to: Plaintiff Defendant Both parents. Plaintiff Defendant
Both parents shall provide private health insurance coverage for the benefit of the child(ren).
2. / If both parents are ordered to provide private health insurance coverage for the benefit of the
child(ren), Plaintiff’s Defendant’s health insurance plan shall be considered the primary health insurance plan for the child(ren).
3. / The parent required to provide private health insurance coverage shall provide proof of insurance
to the / County Child Support Enforcement Agency (CSEA)
and the other parent.
4. / Both parents shall cooperate in the preparation of insurance forms to obtain reimbursement or
payment of expenses, as applicable. A copy of medical bills must be submitted to the party
holding the insurance and responsible for payment or the other parent within 30 days of receipt.
5. / Should the health insurance coverage be cancelled for any reason, the parent ordered to
maintain insurance shall immediately notify the other parent and take immediate steps to obtain
replacement coverage. Unless the cancellation was intentional, the uncovered expenses shall
be paid as provided above. If the cancellation was intentionally caused by the parent ordered to
maintain insurance coverage, that parent shall be responsible for all medical expenses that
would have been covered had the insurance been in effect.
B. / Health Insurance Coverage Unavailable to Either Parent
1. / Private health insurance coverage is not accessible and reasonable in cost through a group
policy, contract, or plan to either parent.
2. / If private health insurance coverage becomes available to either parent at reasonable cost, the
party will immediately obtain the insurance, notify the other parent and the______
County CSEA, and submit to the other parent proof of insurance,insurance forms, and an insurance card. The CSEA shall determine whether the cost of the insurance is of sufficient amount to justify an administrative review of the amount of child support payable. In the event an administrative review is warranted, one shall be conducted.
C. / Division of Uninsured Expenses
1. / The cost of any uninsured medical expenses, incurred by or on the behalf of the child(ren)
not paid by a health insurance plan, and exceeding $100 per child per year, including
co-payments and deductibles, shall be paid by the parents as follows:
The first $100 per child per year of uninsured expenses shall be paid by the Plaintiff for
the following child(ren):
The first $100 per child per year of uninsured expenses shall be paid by the Defendant for
the following child(ren):
Other orders regarding uninsured medical expenses: